Lee v. Rice

TIMMONS-GOODSON, Judge.

Earl Rice (“Rice”) and his wife, Martha Rice (collectively, “defendants”), appeal from judgment entered upon a jury verdict finding them liable for injuries inflicted upon Sherry Lee (“plaintiff”) by a pit bull dog. Defendants also appeal an order of the trial court denying their motions for a new trial and for judgment notwithstanding the verdict. For the reasons set forth herein, we vacate the judgment of the trial court.

On 28 January 2000, plaintiff filed a complaint in Buncombe County Superior Court, alleging that a pit bull dog known as “Blockhead” had attacked…